Minnesota Session Laws - 1983, Regular Session

  

                         Laws of Minnesota 1983 

                        CHAPTER 291--H.F.No. 251
           An act relating to retirement; authorizing public and 
          private sector pension funds to invest in Minnesota 
          nonfarm real estate; permitting certain public pension 
          funds to participate in real estate investments; 
          modifying the governance of police and salaried 
          firefighter relief association trust funds after the 
          local association ceases to exist; authorizing 
          amendment of the Red Wing police relief association 
          bylaws; increasing certain benefits payable by the 
          Crookston firefighters relief association; amending 
          Minnesota Statutes 1982, sections 69.77, subdivision 
          2; 354A.08; 422A.05, subdivision 2c; and 423A.01, 
          subdivisions 2 and 4; and Laws 1971, chapter 51, 
          sections 10, subdivision 3; 12; and 14, subdivisions 
          1, 7, 8, 9, 11, and by adding subdivisions; proposing 
          new law coded in Minnesota Statutes, chapter 356.  
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  [356.71] [REAL ESTATE INVESTMENTS.] 
    Notwithstanding any law to the contrary, any public pension 
plan whose assets are not invested by the state board of 
investment may invest its funds in Minnesota situs nonfarm real 
estate ownership interests or loans secured by mortgages or 
deeds of trust.  
    Sec. 2.  Minnesota Statutes 1982, section 69.77, 
subdivision 2, is amended to read: 
    Subd. 2.  The penalty provided for in subdivision 1 shall 
not apply to a relief association enumerated in subdivision 1a 
if the following requirements are met: 
    (1) Each member of the relief association pays into the 
special fund of the association during a year of covered 
service, a contribution for retirement coverage including 
survivorship benefits of not less than eight percent of the 
maximum rate of salary upon which retirement coverage is 
credited and service pension and retirement benefit amounts are 
determined.  The member contributions shall be made by payroll 
deduction from the salary of the member by the municipality, and 
shall be transmitted by the municipality to the relief 
association as soon as practical.  The relief association shall 
deposit the member contribution to the credit of the special 
fund of the relief association, provided that to avoid undue 
increase in the amount of employee contributions in any one 
year, any increase in the amount of contributions required by 
this section may be spread over several years with the approval 
of the municipality, but the increase in rate of contribution in 
each year shall not be less than one percent until the 
appropriate levels of required employee contributions have been 
reached.  The member contribution requirement specified in this 
clause shall not apply to any members who are volunteer 
firefighters unless the governing body of the municipality did 
not approve this member contribution exemption following the 
consideration by the municipal governing body of the first 
actuarial survey filed with the municipality following January 
1, 1970. 
     (2) The officers of the relief association determine the 
financial requirements of the relief association and minimum 
obligation of the municipality for the following calendar year 
in accordance with the requirements of this clause.  The 
financial requirements of the relief association and the minimum 
obligation of the municipality shall be determined on or before 
the submission date established by the municipality pursuant to 
clause (3). 
     The financial requirements of the relief association for 
the following calendar year shall be based on the most recent 
actuarial valuation or survey prepared in accordance with 
sections 356.215, subdivision 4 and 356.216, whether or not the 
actuarial valuation or survey was prepared at a greater 
frequency than minimally required pursuant to clause (8).  In 
the event that an updated actuarial valuation or an actuarial 
estimate is prepared by the actuary of the relief association as 
part of obtaining a modification of the benefit plan of the 
relief association and the modification is implemented, the 
updated actuarial valuation or actuarial estimate shall be used 
in calculating the financial requirements of the relief 
association. 
     If the relief association has an unfunded accrued liability 
as reported in the most recent actuarial valuation or survey, 
the total of the amounts calculated pursuant to clauses (a) and 
(b) shall constitute the financial requirements of the relief 
association for the following year.  If the relief association 
does not have an unfunded accrued liability as reported in the 
most recent actuarial valuation or survey the amount calculated 
pursuant to subclause (a) shall constitute the financial 
requirements of the relief association for the following year. 
     (a) The normal level cost requirement for the following 
year, expressed as a dollar amount, which shall be determined by 
applying the normal level cost of the relief association as 
reported in the actuarial valuation or survey and expressed as a 
percentage of covered payroll to the estimated covered payroll 
of the active membership of the relief association, including 
any projected increase in the active membership, for the 
following year. 
     (b) To the dollar amount of normal cost thus determined 
shall be added an amount equal to the level annual dollar amount 
which is sufficient to amortize the unfunded accrued liability 
by December 31, 2010, as determined from the actuarial valuation 
or survey of the fund, using an interest assumption set at the 
rate specified in section 356.215, subdivision 4, clause (4).  
The amortization date specified in this subclause shall apply to 
all local police or salaried firefighters relief associations 
and shall supersede any amortization date specified in any 
applicable special law. 
     The minimum obligation of the municipality shall be an 
amount equal to the financial requirements of the relief 
association reduced by the estimated amount of member 
contributions from covered salary anticipated for the following 
calendar year and the estimated amounts from the applicable 
state aid program established pursuant to sections 69.011 to 
69.051 anticipated as receivable by the relief association after 
any allocation pursuant to section 69.031, subdivision 5, clause 
(2), subclause (c) or 423A.01, subdivision 2, clause (6), and 
from the local police and salaried firefighters' relief 
association amortization aid program established pursuant to 
section 423A.02 anticipated for the following calendar year. 
     (3) The officers of the relief association shall submit 
determination of the financial requirements of the relief 
association and of the minimum obligation of the municipality to 
the governing body on or before the date established by the 
municipality which shall not be earlier than August 1 and shall 
not be later than September 1 of each year.  The governing body 
of the municipality shall ascertain whether or not the 
determinations were prepared in accordance with law. 
     (4) The municipality shall provide for and shall pay each 
year at least the amount of the minimum obligation of the 
municipality to the relief association.  If there is any 
deficiency in the municipal payment to meet the minimum 
obligation of the municipality as of the end of any calendar 
year, the amount of the deficiency shall be added to the minimum 
obligation of the municipality for the following year calculated 
pursuant to clause (2) and shall include interest at the rate of 
six percent per annum compounded from the date that the 
municipality was required to make payment pursuant to this 
clause until the date that the municipality actually makes the 
required payment. 
     (5) The municipality shall provide in the annual municipal 
budget for at least the minimum obligation of the municipality 
calculated pursuant to clause (2).  The municipality may levy 
taxes for the payment of the minimum obligation of the 
municipality without any limitation as to rate or amount and 
irrespective of limitations imposed by other provisions of law 
upon the rate or amount of taxation when the balance of the 
special fund or any fund of the relief association has attained 
a specified minimum asset level.  In addition, any taxes levied 
pursuant to this section shall not cause the amount or rate of 
other taxes levied in that year or to be levied in a subsequent 
year by the municipality which are subject to a limitation as to 
rate or amount to be reduced.  If the municipality does not 
include the full amount of the minimum obligation of the 
municipality in the levy that the municipality certified to the 
county auditor in any year, the officers of the relief 
association shall certify the amount of any deficiency to the 
county auditor.  Upon verifying the existence of any deficiency 
in the levy certified by the municipality, the county auditor 
shall spread a levy over the taxable property of the 
municipality in the amount of the deficiency certified to by the 
officers of the relief association. 
    (6) Any sums of money paid by the municipality to the 
relief association in excess of the minimum obligation of the 
municipality in any year shall be used to amortize any unfunded 
liabilities of the relief association. 
    (7) The funds of the association shall be invested in 
securities which are proper investments pursuant to section 
11A.24, except that up to $10,000 may be invested in the stock 
of any one corporation in any account of such small size that 
the three percent stock limitation specified in section 11A.24, 
subdivision 5 would necessitate a lesser investment.  The 
association may also invest funds in Minnesota situs nonfarm 
real estate ownership interests or loans secured by mortgages or 
deeds of trust, provided that the amount of all investments in 
real property shall not exceed ten percent of the market value 
of the association's fund.  Securities held by the association 
before July 1, 1971, which do not meet the requirements of this 
paragraph may be retained after that date if they were proper 
investments for the association on April 28, 1969.  The 
governing board of the association may select and appoint 
investment agencies to act for and in its behalf or may certify 
funds for investment by the state board under the provisions of 
section 11A.17, provided that there be no limit to the amount 
which may be invested in the income share account, in the bond 
account, or in the fixed-return account, and that up to 20 
percent of that portion of the assets of the association 
invested in the Minnesota supplemental investment fund may be 
invested in the growth share account. 
     (8) The association shall procure an actuarial valuation 
showing the condition of the special fund of the relief 
association pursuant to sections 356.215 and 356.216 as of 
December 31 as of every even numbered year.  The association 
shall also procure a quadrennial experience study pursuant to 
sections 356.215 and 356.216, as of December 31, 1978, and shall 
procure a quadrennial experience study every four years 
thereafter.  A copy of the actuarial survey and the quadrennial 
experience study shall be filed with the director of the 
legislative reference library, the governing body of the 
municipality in which the association is organized, the 
executive secretary of the legislative commission on pensions 
and retirement, and the commissioner of insurance, not later 
than June 1 of the following year. 
    Sec. 3.  Minnesota Statutes 1982, section 354A.08, is 
amended to read: 
    354A.08 [AUTHORIZED INVESTMENTS.] 
    Any teachers retirement fund association may receive, hold, 
and dispose of real estate or personal property acquired by it, 
whether the acquisition was by gift, purchase or any other 
lawful means, as provided in this chapter or in the 
association's articles of incorporation.  In addition to other 
authorized real estate investments, an association may also 
invest funds in Minnesota situs nonfarm real estate ownership 
interests or loans secured by mortgages or deeds of trust.  
    Sec. 4.  Minnesota Statutes 1982, section 422A.05, 
subdivision 2c, is amended to read: 
    Subd. 2c.  The board may invest funds in investments 
authorized by section 11A.24.  In addition to other authorized 
real estate investments, the board may also invest funds in 
Minnesota situs nonfarm real estate ownership interests or loans 
secured by mortgages or deeds of trust.  
    Sec. 5.  [TEMPORARY PROVISION.] 
    Within 30 days after the effective date of sections 1 to 4, 
trustees of private and public pension funds which desire to 
form a committee to investigate investments authorized by this 
act shall notify the state auditor that they desire to 
participate on the committee.  Within 40 days after the 
effective date, the state auditor shall call an organizational 
meeting of the responding funds.  The committee shall determine 
its method of operation and shall seek to expand the number of 
funds participating.  
    Sec. 6.  Minnesota Statutes 1982, section 423A.01, 
subdivision 2, is amended to read: 
    Subd. 2.  [OPERATION OF LOCAL RELIEF ASSOCIATION UPON 
MODIFICATION OF RETIREMENT COVERAGE FOR NEWLY HIRED POLICE 
OFFICERS AND FIREFIGHTERS.] The following provisions shall 
govern the operation of a local relief association upon the 
modification of retirement coverage for newly hired police 
officers or firefighters:  
    (1) The minimum obligation of a municipality in which the 
retirement coverage for newly hired police officers or salaried 
firefighters has been modified pursuant to subdivision 1 with 
respect to the local relief association shall be determined and 
governed in accordance with the provisions of sections 69.77, 
356.215 and 356.216, except that the normal cost calculation for 
the relief association shall be computed as a percentage of the 
compensation paid to the active members of the relief 
association.  The compensation paid to persons with retirement 
coverage modified pursuant to subdivision 1 shall not be 
included in any of the computations made in determining the 
obligation of the municipality with respect to the local relief 
association. 
     (2) The contribution rate of members of the local relief 
association shall be governed by section 69.77, unless a special 
law establishing a greater member contribution rate is 
applicable whereupon it shall continue to govern.  The member 
contribution rate of persons with retirement coverage modified 
pursuant to subdivision 1 shall be governed by section 353.65. 
    (3) Unless otherwise provided for by law, when every active 
member of the local relief association retires or terminates 
from active duty, the local relief association shall cease to 
exist as a legal entity and the assets of the special fund of 
the relief association shall be transferred to a trust fund to 
be established by the appropriate municipality for the purpose 
of paying service pensions and retirement benefits to recipient 
beneficiaries.  Recipient beneficiaries who are competent to act 
on their own behalf shall be entitled to select the prescribed 
number of trustees of the trust fund as provided in this clause, 
subject to the approval of the governing body of the 
municipality.  If there are at least five recipient 
beneficiaries, the trust fund shall be managed by a board of 
trustees composed of five members persons selected by the 
recipient beneficiaries of the fund, subject to the approval of 
the governing body of the municipality.  If When there are fewer 
than five recipient beneficiaries, the trust fund shall be 
managed by number of trustees selected by the recipient 
beneficiaries shall be equal to the number of the remaining 
recipient beneficiaries.  The governing body of the municipality 
shall select the additional trustees.  The term of the elected 
members of the board of trustees shall be indefinite and shall 
continue until a vacancy occurs in one of the board of trustee 
member positions.  Board of trustee members shall not be 
compensated for their services, but shall be reimbursed for any 
expenses actually and necessarily incurred as a result of the 
performance of their duties in their capacity as board of 
trustee members.  The municipality shall perform whatever 
services are necessary to administer the trust fund.  When all 
obligations of the trust fund are paid, the balance of the 
assets remaining in the trust fund shall revert to the 
municipality for expenditure for law enforcement or firefighting 
purposes, whichever is applicable. 
     (4) The financial requirements of the trust fund and the 
minimum obligation of the municipality with respect to the trust 
fund shall be determined in accordance with sections 69.77, 
356.215 and 356.216 until the unfunded accrued liability of the 
trust fund is fully amortized in accordance with section 69.77, 
subdivision 2, clause (2).  The municipality shall provide in 
its annual budget for at least the aggregate amount of service 
pensions, disability benefits, survivorship benefits and refunds 
which are projected as payable for the following calendar year, 
as determined by the board of trustees of the trust fund, less 
the amount of assets in the trust fund as of the end of the most 
current calendar year for which figures are available, valued 
pursuant to section 356.20, subdivision 4, clause (1) (a), if 
the difference between those two figures is a positive number. 
     (5) In calculating the amount of service pensions and other 
retirement benefits payable from the local relief association 
and in calculating the amount of any automatic post retirement 
increases in those service pensions and retirement benefits 
based on the salary paid or payable to active members or 
escalated in any fashion, the salary for use as the base for the 
service pension or retirement benefit calculation and the post 
retirement increase calculation for the local relief association 
shall be the salary for the applicable position as specified in 
the articles of incorporation or bylaws of the relief 
association as of the date immediately prior to the effective 
date of the modification of retirement coverage for newly hired 
personnel pursuant to subdivision 1, as the applicable salary is 
reset by the municipality periodically, irrespective of whether 
retirement coverage for persons holding the applicable position 
used in calculations is provided by the relief association or by 
the public employees police and fire fund. 
     (6) If the modification of retirement coverage implemented 
pursuant to subdivision 1 is applicable to a local police relief 
association, the police state aid received by the municipality 
shall be disbursed pursuant to section 69.031, subdivision 5, 
clause (2) (c).  If the modification of retirement coverage 
implemented pursuant to subdivision 1 is applicable to a local 
firefighters' relief association, the fire state aid received by 
the applicable municipality shall be disbursed as the 
municipality at its option may elect.  The municipality may 
elect:  (a) to transmit the total fire state aid to the 
treasurer of the local relief association for immediate deposit 
in the special fund of the relief association; or (b) to apply 
the total fire state aid toward the employer contribution of the 
municipality to the public employees police and fire fund 
pursuant to section 353.65, subdivision 3; or (c) to allocate 
the total fire state aid proportionately between the special 
fund of the local relief association and employer contribution 
of the municipality to the public employees police and fire fund 
on the basis of the respective number of active full time 
salaried firefighters receiving retirement coverage from each. 
    Sec. 7.  Minnesota Statutes 1982, section 423A.01, 
subdivision 4, is amended to read: 
    Subd. 4.  [AUTOMATIC POST RETIREMENT ADJUSTMENTS FOR 
CERTAIN NEWLY EMPLOYED, ACTIVE AND RETIRED MEMBERS.] (1) 
Notwithstanding any provision of law, municipal charter, 
municipal ordinance or resolution, or relief association 
articles of incorporation or bylaws to the contrary, any person 
who meets one of the following requirements for entitlement 
shall be entitled to an annual automatic post retirement 
adjustment in the amount of the service pension calculated 
pursuant to clause (2).  A person meets the requirements for 
entitlement if:  
    (a) the person is a member of a covered local police or 
salaried firefighters' relief association enumerated in clause 
(3) unless the municipality has adopted a municipal resolution 
retaining the local relief association pursuant to subdivision 
1, if applicable, commences receiving a service pension at an 
age no earlier than attaining the age of 55 years, and has met 
all applicable requirements for entitlement to a service pension 
specified in the applicable laws and relief association articles 
of incorporation or bylaws governing the local relief 
association;  
    (b) the person is a retired member of a covered local 
police or salaried firefighters' relief association enumerated 
in clause (3) unless the municipality has adopted a municipal 
resolution retaining the local relief association pursuant to 
subdivision 1, if applicable, retired on a service pension after 
June 15, 1980 and after attaining the age of at least 50 years 
but prior to attaining the age of 55 years, and attains the age 
of 55 years subsequent to retirement; or 
    (c) the person was a retired member on June 15, 1980 of a 
covered local police or salaried firefighters' relief 
association or retirement trust fund enumerated in clause (3), 
unless the municipality has adopted a municipal resolution 
retaining the local relief association pursuant to subdivision 
1, if applicable, on June 15, 1980, is receiving a service 
pension, and has attained the age of at least 55 years.  
    (2) Any person who meets the requirements specified in 
clause (1)(a) or (1)(b) shall be entitled to receive the annual 
automatic post retirement adjustment on the January 1 next 
following the date upon which the requirements for entitlement 
are met but in no event prior to the date upon which the person 
attains the age of 55 years.  Any person who meets the 
requirements specified in clause (1)(c) shall be entitled to 
receive the annual automatic post retirement adjustment on the 
January 1 next following the effective date of the approval of 
the benefit modification by the municipality as provided for in 
clause (3) or the date upon which the person attains the age of 
55 years; whichever occurs later.  The amount of the annual 
automatic post retirement adjustment shall be determined by the 
board of trustees of the local relief association on or before 
December 1 annually and the annual automatic post retirement 
adjustment shall accrue each year as of January 1 next following 
the determination date.  The annual automatic post retirement 
adjustment shall be first payable with the service pension 
payment made for January.  Each annual automatic post retirement 
adjustment in the amount of the service pension shall be equal 
to the dollar amount determined by applying based on the 
percentage by which the salary payable by the municipality to a 
top grade patrol officer or a top grade firefighter, whichever 
is applicable, has increased increase in the salary upon which 
retirement coverage is credited during the prior year subject to 
the limitation provided for in this clause.  
    The percentage increase in the salary shall be applied to 
the amount of service pension payable to the person for the 
month immediately prior to the month in which the determination 
is made.  The maximum percentage increase shall not exceed 3-1/2 
percent in any year and any increase in the salary level of the 
applicable position used to govern the determination of annual 
automatic post retirement adjustments in excess of 3-1/2 percent 
in any year shall not carry over to or be used to calculate the 
rate of salary increase for any succeeding year in which the 
increase in the salary of the applicable position does not 
exceed 3-1/2 percent.  
    (3) The provisions of this subdivision shall apply to the 
active members and retired members of a local police or salaried 
firefighters' relief association or to the retired members of a 
retirement trust fund contained in the following enumeration of 
covered relief associations if the governing body of the 
applicable municipality approves the modification in the benefit 
plan of the relief association specified in this subdivision 
following consideration of an actuarial valuation which is, or 
actuarial estimate based on the most recent actuarial valuation 
which was, prepared in accordance with sections 356.215 and 
356.216, based on the benefit plan of the applicable local 
relief association or retirement trust fund including the 
modification provided for in this subdivision, does not adopt a 
municipal resolution retaining the local relief association 
pursuant to subdivision 1, and files a resolution indicating 
approval of the modification in the benefit plan with the 
secretary of state, the commissioner of insurance and the 
executive secretary of the legislative commission on pensions 
and retirement on or before the first day of the tenth month 
following June 15, 1980: 
    (a) Buhl police relief association;  
    (b) Crookston firefighters relief association;  
    (c) Crookston police relief association;  
    (d) (b) Eveleth joint retired police and firefighters 
retirement trust fund;  
    (e) (c) Moorhead firefighters relief association;  
    (f) (d) Moorhead police relief association;  
    (g) (e) Thief River Falls police retirement trust fund;  
    (h) (f) Virginia firefighters relief association;  
    (i) (g) West St. Paul police relief association.  
    Sec. 8.  [RED WING POLICE RELIEF ASSOCIATION; AUTHORIZATION 
OF AMENDMENT OF BYLAWS.] 
    Authorization is hereby granted in accordance with 
Minnesota Statutes, section 69.77, subdivision 2a, for the Red 
Wing police relief association to amend its bylaws providing for 
the payment of dependent child benefits.  
    Article XVIII of the bylaws may be amended to provide that 
dependent child benefits, not to exceed the sum equivalent to 
one-half of the prevailing monthly pay of the deceased member 
before death, may be paid for any dependent child, including the 
dependent child of a divorced member whether or not the former 
spouse remarries or dies.  
    Sec. 9.  Laws 1971, chapter 51, section 10, subdivision 3, 
is amended to read:  
    Subd. 3.  Each member of the association who is a regular 
full time fireman firefighter shall pay into the retirement fund 
of the association during his the firefighter's term of covered 
employment for retirement, disability and survivor benefits a 
contribution of six eight percent of his the firefighter's 
salary during the calendar year 1971 1983 and thereafter.  The 
contributions shall be deducted from his the firefighter's 
salary by the city of Crookston, transmitted to the association, 
and deposited to the credit of the proper fund thereof.  The 
contributions of a member who is a volunteer fireman firefighter 
shall be in an amount prescribed by the bylaws and shall be paid 
to the treasurer of the association who shall place the same in 
a special fund to the credit of the individual fireman 
firefighter.  
    Sec. 10.  Laws 1971, chapter 51, section 12, is amended to 
read:  
    Sec. 12.  The moneys received by the association are to be 
kept in an "association special fund" or in an "association 
general fund."  The moneys received from the state and city, 
including deductions from firemen's firefighters' salaries 
together with earnings on the special fund shall be deposited in 
the "association special fund" and may be extended expended only 
for the purposes named in section 13.  All other moneys may be 
deposited in the "association general fund" and may be expended 
for any purposes the association deems proper.  
    Sec. 11.  Laws 1971, chapter 51, section 14, subdivision 1, 
is amended to read:  
    Subdivision 1.  A full time fireman firefighter who is a 
member of the Crookston fire department relief association and 
has contributed to the retirement fund after 20 years of service 
shall be entitled to separate himself from said the department, 
and upon attaining the age of 60 years shall be entitled to a 
basic pension of an amount equal to 50 percent of his the 
member's salary at the time of retirement.  
    Sec. 12.  Laws 1971, chapter 51, section 14, is amended by 
adding a subdivision to read: 
    Subd. 1a.  A full time firefighter who has attained the age 
of 60 years and accumulated 20 years of service on that date 
shall be entitled to increased retirement benefits in a sum 
equal to 1.5 percent of the retiree's salary upon retirement for 
each year or major portion thereof worked beyond the date the 
firefighter attained the age of 60 years.  
    Sec. 13.  Laws 1971, chapter 51, section 14, subdivision 7, 
is amended to read: 
    Subd. 7.  When a full time fireman firefighter who is a 
service pensioner, disability pensioner, or deferred pensioner 
or an active member of the Crookston fire department relief 
association, dies leaving:  
    (a) A widow surviving spouse who became his that 
firefighter's legally married wife while spouse during or prior 
to the time he the firefighter was on the payroll of the fire 
department and remained such continuously after such marriage 
until his the firefighter's death without having applied for any 
divorce or legal separation and who, in case the deceased member 
was a service or deferred pensioner, was legally married to such 
the member at least three years before his the firefighter's 
retirement from said fire department and who, in any case, was 
residing with him the firefighter at the time of his death.  No 
temporary absence for purposes of business, health or pleasure 
shall constitute a change of residence for the purpose of this 
action.  
    (b) A child or children who were living while the deceased 
was on the payroll of the fire department or who were born 
within nine months after said the decedent was withdrawn from 
the payroll of said the fire department, such widow the 
surviving spouse and said child or children shall be entitled to 
a pension pensions as follows:  
    (1) To such widow a pension of the sum of $75 per month or 
50 percent of the earned retirement at the date of death, 
whichever is greater, for her natural life and a pension of $15 
per month for each child of such deceased member under 18 years 
of age.  The amount of such pension for such child or children 
shall be determined by the association, but the total amount of 
such pension or pensions shall not exceed the sum of $105 per 
month and provided if such widow shall remarry then her pension 
shall cease and terminate as of the date of her said remarriage 
Surviving spouses receiving benefits on the effective date of 
this act, surviving spouses of service, disability, or deferred 
pensioners who had retired from active service on the effective 
date of this section, or spouses of current and future full time 
firefighters who thereafter become surviving spouses shall 
receive a pension of $300 per month, or an amount which is equal 
to one-half of the pension to which the firefighter would have 
been entitled had the firefighter survived, whichever amount is 
the greater.  Pension benefits shall be paid during the life of 
a surviving spouse, together with a pension of $15 per month for 
each child of the deceased member under the age of 18 years, 
provided that the amount of pension for a child or children may 
be increased by the association.  The total amount of pension or 
pensions for children shall not exceed $105 per month.  If a 
surviving spouse shall remarry, then the surviving spouse's 
pension shall cease on the date of remarriage.  
    (2) To such Each child or children of the deceased member 
under the age of 18 years shall receive after the death of the 
widow surviving spouse of such the member a monthly pension or 
pensions in such amount or amounts in excess of $15 per month 
for each child or more as the board of trustees of such the 
association shall deem necessary to properly support such the 
child or children until they reach the age of 18 years, but not 
to exceed the sum of $90 per month to the children of any one 
family. 
    (3) If a full time fireman firefighter shall die under 
circumstances which entitle his the firefighter's widow or 
widower and dependent children to receive benefits under the 
workmen's workers' compensation law, the amount so received by 
them shall be deducted from the benefits payable under this 
section.  
    Sec. 14.  Laws 1971, chapter 51, section 14, subdivision 8, 
is amended to read:  
    Subd. 8.  Upon the death of a full time fireman firefighter 
or volunteer fireman firefighter who is an active member of the 
relief association whose death was the direct result of accident 
or exposure or sickness contracted in the performance of his the 
duties as a fireman firefighter, the treasurer shall on order of 
the board of trustees pay his the firefighter's legal heirs or 
representatives the sum of $500 $1,000. 
    Sec. 15.  Laws 1971, chapter 51, section 14, subdivision 9, 
is amended to read: 
    Subd. 9.  When a full time fireman firefighter who is a 
member of the relief association dies from any cause not 
connected with his the duties required as a fireman 
firefighter, the treasurer shall on order of the board of 
trustees pay his the firefighter's legal heirs or 
representatives the sum of $100 $500.  
    Sec. 16.  Laws 1971, chapter 51, section 14, subdivision 
11, is amended to read: 
    Subd. 11.  A volunteer fireman firefighter currently 
employed or a firefighter employed in the future who is a member 
of the Crookston fire department relief association, after 20 
years of service shall be entitled to separate himself from said 
department and upon attaining the age of 55 60 years shall be 
entitled to a basic pension of $20 $50 per month plus an 
additional $2 $5 per month for each year of service in excess of 
20 years.  The total of such additional pension shall not exceed 
$20 $150 per month.  Said pensions are to be paid quarterly and 
no other relief or benefits shall be allowed any person drawing 
said pension.  A volunteer fireman firefighter after 20 years of 
service may retire on a deferred pension and will be entitled to 
a pension when he has attained the firefighter attains the 
proper age of 55 years or older.  He The firefighter shall, upon 
application, be placed on the deferred pension roll of the 
relief association.  Retired volunteer firefighters who have 
qualified for retirement benefits on the effective date of this 
act shall also receive the benefits provided in this 
subdivision.  The increase in benefits shall be effective in the 
month following the effective date of this act.  
    Sec. 17.  Laws 1971, chapter 51, section 14, is amended by 
adding a subdivision to read: 
    Subd. 11a.  Any member of the association who has attained 
the age of 60 years, whether full time or volunteer, shall be 
required to take an annual physical medical examination upon the 
request of the governing body of the association; the purpose of 
this examination is to determine the fitness of the firefighter 
to continue as an active member of the association.  The expense 
of the examination shall be paid by the association.  The 
association shall, however, have no responsibility for care and 
treatment of the volunteer firefighter following the annual 
physical medical examination.  
    Sec. 18.  [EFFECTIVE DATE.] 
    Sections 1 to 7 are effective the day following final 
enactment.  Section 8 is effective upon approval by the Red Wing 
city council and compliance with Minnesota Statutes, section 
645.021.  Sections 11 to 17 are effective upon approval by the 
Crookston city council and compliance with Minnesota Statutes, 
section 645.021. 
    Approved June 7, 1983